5/2019 Suit Pyramid Logistics (Private) Limited (Plaintiff) V/S Azia-12 LLC & others (Defendant)

5/2019 Suit Pyramid Logistics (Private) Limited (Plaintiff) V/S Azia-12 LLC & others (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 04-JAN-19

Arbitration Act (X of 1940)--- ----S. 20---Notification SRO No. 932(I)/2012 dated 01-08-2012---Recovery of money---Transit Trade---Arbitration, agreement---Court, jurisdiction of---Effect---Plaintiff sought recovery of amount from defendant company which was operating from Tajikistan on basis of agreement between parties---Plaintiff also impleaded another person who was carrying on business in Afghanistan---Validity---Agreement, on basis of which suit was filed, stipulated an arbitration clause which fact was suppressed by plaintiff while obtaining ex-parte interim orders---Property in transit was perishable item and in terms of Notification SRO No. 932(I)/2012 dated 01-08-2012 jurisdiction of transit trade authorities was not extended to Tajikistan since no agreement existed between Pakistan and Tajikistan---High Court recalled interim order as court had no jurisdiction in terms of arbitration clause and prima facie it was a case of hardship to defendant with whom plaintiff had no direct privity of contract---Suit was dismissed in circumstances. Pakistan International Airlines Corporation v. ACT Airlines INC 2011 CLC 714 ref.